We only had to prove Shahzad was there in Batla House flat, we did that: Prosecution

New DelhiThe flat in L-18,Batla House, where the encounter took place, was locked on Friday. PRAVEEN KHANNA

A day after the court verdict in the 2008 Batla House encounter case, defence lawyers pointed to what they called lacunae in the judgment while the prosecutor said that everything needed to be proved against accused Shahzad Ahmad was done. He will be sentenced on Monday.

"He was only being tried for the incident of the encounter, not for terrorism. We were only required to prove his presence at the scene of the shootout, which we have done," Additional Public Prosecutor Satwinder Kaur said. She was appointed special prosecutor in the case last year.

Defence counsel Satish Tamta and the Jamia Teachers Solidarity Association (JTSA) said the court failed to address a number of issues raised by the defence and "simply reiterated the prosecution version".

On Thursday, Shahzad was held guilty of charges of acting with common intent of murder, attempt to murder, obstructing police officer in discharge of duty and other charges arising out of the encounter case.

Delhi Police Special Cell Inspector M C Sharma was killed and Head Constables Balwant and Rajbir were injured in the firing at Batla House on September 19, 2008 six days after serial blasts, blamed on the Indian Mujahideen, rocked the Capital.

Satwinder Kaur said the prosecution case was tailored according to what was needed to be proved in the case. "When the police party entered the house, all the occupants started firing at them. Under Section 34 IPC, they are liable for actions of each other. We have not said that Shahzad himself shot M C Sharma, we are saying that one of the men shooting at the police party killed him," Satwinder Kaur said.

She said the case had been "proved beyond reasonable doubt" and the prosecution would press for "maximum punishment" since Shahzad had been convicted of murder and attempted murder charges.

... contd.

Please read our terms of use before posting comments
TERMS OF USE: The views expressed in comments published on indianexpress.com are those of the comment writer's alone. They do not represent the views or opinions of The Indian Express Group or its staff. Comments are automatically posted live; however, indianexpress.com reserves the right to take it down at any time. We also reserve the right not to publish comments that are abusive, obscene, inflammatory, derogatory or defamatory.